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HomeMy WebLinkAbout1987-03-03 Support Documentation Town Council Work Session Q~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 3, 1987 2:00 p.m. AGENDA 1. Vail 25th Anniversary Committee Presentation 2. Discussion of Proposed Improvements to Town of Vail Land through the Sitzmark Lodge Exterior Alteration Request 3. Discussion of The Wren Agreements 4. Discussion of Ordinance No. 8, Series of 1987, first reading, Real Estate Transfer Tax Fund Proposed Changes 5. Discussion of Capital Improvement Project Process 6. Information Update 7. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 3, 1987 2:00 p.m. EXPANDED AGENDA 2:00 1. Vail 25th Anniversary Committee Presentation Pat Peeples Brad Quayle Action Requested of Council: Receive the presentation and ask any questions you may have. 2:30 2. Discussion of Proposed Improvements to Town of Vail Land Kristan Pritz through the Sitzmark Lodge Exterior Alteration Request Action Requested of Council: Allow the Sitzmark to proceed to PEC review for the exterior alteration request. Background Rationale: The owner of the Sitzmark Lodge is requesting an exterior alteration. The project includes the addition of three lodge rooms, the expansion of six existing lodge rooms, the expansion of an existing office space on the second floor, and the remodel of commercial frontage on the north side of the building. As part of the proposal, staff is requesting that the Sitzmark make sidewalk and landscape improvements to the Town of Vail land on the north side of the Sitzmark Lodge. Staff felt that it would be appropriate to review these requested improvements with the Town Council, as the property is owned by the Town of Vail. A preliminary drawing will be presented at the meeting to outline the proposed improvements. Staff Recommendation: Allow the Sitzmark Lodge to proceed to Planning and Environmental Commission review. 3:00 3. Discussion of The Wren Agreements Larry Eskwith Kristan Pritz Action Requested of Council: -Approve/deny the agreement and the limited license agreement with The Wren. Background Rationale: The two agreements relate to drainage problems at The Wren and The Wren's use of the Town of Vail road through Ford Park. 3:20 4. Discussion of Ordinance No. 8, Real Estate Transfer Tax Fund Larry Eskwith Proposed Changes Charlie Wick Action Requested of Council: Discuss the proposed changes to the Real Estate Transfer Tax Fund. Background Rationale: This amendment to the RETT ordinance allows the RETT fund to be used for the improvement as well as for the acquisition of land. The amendment provides that the fund may be used to finance construction of a building only up to a maximum amount of $500,000. If the cost of the building is more than $500,000, the fund may still be used but only to the extent that cash is available on hand in the fund. Nothing in the amendment restricts the ability to finance improvements other than buildings regardless of cost. The $500,000 limitation will increase each year proportionately to any increase in the CPI. 3:40 5. Discussion of Capital Improvement Project Process Charlie Wick Action Requested of Council: Discuss the staff recommendations for the continued capital improvement process. Background Rationale: By Tuesday, the staff will have recommendations for continuing the capital improvement planning process. The issues under this item we hope to be prepared to discuss are: 1) Summary of public meetings 2) Recommendations for continued process 3) Information on next study steps for the proposed Congress Hall 4:00 6. Information Update Ron Phillips 4:05 7. Other -2- 1 .1 AGREEMENT THIS AGREEMENT is made and entered into this day of January, 1987 by and between the TOWN OF VAIL, Colorado, a.Colorado municipal corporation ("the Town") and the WREN ASSOCIATION, a Colorado not-for-profit corporation ("the Wren"). RECITALS A. The Wren is the owner of the real property described in Exhibit A attached hereto, upon which the Wren Condominiums and other improvements have been constructed. B. The Town is the owner of the adjoining property known as Gerald R. Ford Park described in Exhibit B attached hereto.. C. A dispute has arisen between the parties relating to the Wren's use of a certain roadway located in Gerald R. Ford Park and relating further to certain drainage and water accumulation problems occurring on the property between the roadway and the Wren building. D. The parties desire to effect a just and amicable settlement of such dispute without resorting to litigation. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. That the Town at its sole expense shall provide the following: A. Construction of a ditch and installation of a drainage culvert through the property between the Wren building and the roadway as set forth in the plan attached hereto as Exhibit C, which drainage culvert shall drain the surface water that may accumulate between the roadway and the Wren building in the direction of Gore Creek. B. The Town will install riprap to aid in drainage as set forth in Exhibit C. C. The Town will provide fill for the grading of the area between the Wren and the roadway but shall only grade and seed the v area described in Exhibit C. The Town shall provide adequate topsoil for such process all in accordance with the plan attached hereto as Exhibit C. 2. The Wren agrees to pay for the material costs of any culvert and connecting bands to be installed by the Town. 3. The Town has commenced the work set forth herein and shall complete the work no later than June 30, 1987. 4. The Wren shall remove the fence identified for removal on Exhibit C no later than June 30, 1987. 5. Upon the performance of the terms and conditions set forth herein by the Town, the Wren hereby releases and discharges the Town, its agents, officers, and employees from all liability, suits, actions, causes of actions, and claims resulting from the drainage problems referred to above. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first set forth above. TOWN OF VAIL /WREN ASSOCIATION By: By: -~--7 Rondall V. Phillips, Alan Woods Town Manager President 0649A -2- EXHIBIT A Tree Wren Condominiums, 5UU South Frontage Road, Vail, Colorado 81657, and described as follows: That part of the NE 1/4 of Section 8, Township 5 South, Range 80 West of the 6th P.M., described as follows: Commencing at the :northwest corner of the 14E 1/4 of said Section 6: thence South UU degrees 01'06" East and along the West line of said NE 1/4 563.81 feet to a point of intersection with the Southerly right of way of Interstate Highway 70 and the True Point of Beginning; _ thence continuing along the aforesaid course 347.62 feet; thence North 89 degrees 58154" East 189.81 feet; thence Nortn 00 degrees 01'06" West and along a line parallel with the West line of said NE 1/4 284.59 feet to a point of intersection with said Southerly right of-way; thence O orth 71 degrees 38'54" West and along said Southerly right of Way 200.00 feet to the True Point of Beginning, County of Eagle, State of Colorado, subject to any tax, assessment, fees or charges by reason of the inclusion of the subject property in Vail General Improvement District, Vail Water and Sanitation District, Vail Fire Protection District and Vail Metropolitan Recreation District. 0037F ~ o r I1 , t ~ . E 4.,13'.. - 3• - J s A EXIiIBIT B i Q y00 / o pER~Y T / V,4 PR 1 / a ~ ~ a ~ ~ II ~S AIL YL 1 SP~I r R ~y FE cc Mi./r~yc 100 7 a/ 'SG`T" S ,p?A' a t+x`.:.roi 1 s w ',er ;'r`S"~i•4 n A / f .wn~-,,,~,•~~~~'Y/d~ ~fw~t~'~' • .:.1' ~b~ ~4~$r tiMif ~ ~riF?. r~ ~ 1 : ' ~ J I ~p ~ ~~.v~ ~ i ~ , J .'M r 1?r"5 ~ ' arti~4 ~P, d r +l~ rn ~ ~ d 1 # ~Etk' ~f T}.y,i C Ptl- ~ ~~~pr~//~ ~ ~ ~ . X F ty~ ••••~pCS"~F bl.P A/ i'1: ~C '•eo"fc~ iW~' t ~k ~ iy~~~ f~ ,w!rfnfa'~/ T'k /{1/ Y s,. I't r`' ~"rJ `R`~ v d ,SCI, I .~I Z-7- 04 / Oa J~ r a ~ ° 71st" »v' lw^ ~,Y/r~; ' p~~~'{b:7 ! 0, t l?~ ,j nr:} 7 GQ APING r, r 51 ~,'yti Pp~tE cr o ` Q r Vy l.~ .,Pl ~l T 1 I ` I ~ ~ ' 6Y ~ a7StM' ` o Al ` ptrJG y I a~ I h LIMITED LICENSE AGREEMENT THIS LIMITED License Agreement is made and entered into this day of January, 1987, by and between the TOWN OF VAIL, Colorado, a Colorado municipal corporation ("the Town") and the WREN ASSOCIATION, a Colorado not-for-profit corporation ("the Wren"). RECITALS A. The Wren is the owner of certain real property described in Exhibit A attached hereto, upon which the Wren Condominiums and other improvements have been constructed. B. The Town is the owner of certain adjoining property known as Gerald R. Ford Park described in Exhibit B attached hereto. C. A dispute has arisen between the parties relating to the use by the Wren of a certain roadway located on Gerald R. Ford Park. D. The parties desire to effect a just and amicable settlement of such dispute and to compromise such dispute without resorting to litigation. AGREEMENT NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree as follows: 1. The Wren shall, at its sole cost and expense, landscape the area between the roadway and the Wren building as shown on the proposed landscape plan submitted to the Town, as finally accepted by the Town after review and approval by the Design Review Board. This landscaping shall be completed no later than July 1, 1987. In addition, the Wren agrees to maintain said area and keep the landscaping, any furniture and the fence located on said area in good condition and repair. 2. The Town grants to the Wren a non-exclusive limited license for the use by the Wren of the roadway more particularly described in Exhibit C and the access driveway more particularly described in Exhibit D for the following uses and purposes and no other: A. Use by vehicles for the delivery of firewood to be used by the occupants of the Wren. The Wren shall notify the Director of Public Works of the anticipated delivery schedule for the firewood and shall make arrangement with the Director of Public Works for the opening of the locked gate across the roadway in order to accommodate such deliveries. Access shall be limited to that period of time which is reasonable and necessary for the delivery of firewood to the Wren. B. Use by vehicles in connection with repairs to the Wren buildings or any mechanical, heating, air conditioning, or other system in connection with such buildings, including amenities such as the swimming pool, when delivery of equipment, parts, materials, supplies, or tools cannot conveniently be brought through the front entrance of the Wren. C. Use by delivery vehicles for the occasional delivery of large items of furniture when such furniture cannot be conveniently brought through the front entrance of the Wren. D. Use by emergency vehicles. E. Use by all pedestrians who are employed by, staying at, visiting, or having business at the Wren. 3. Except for emergencies, the Wren shall notify the Director of Public Works of the Town of Vail of its intention to use the roadway as set forth herein and shall make reasonable arrangements with the Director of Public Works in regard to such use. 4. At the present time, the Town maintains and intends to continue maintaining in the future a locked gate, chain or other device which will prevent access to the roadway by motor vehicles operated by the general public. When the gate is opened in order to permit passage by motor vehicles to the Wren property pursuant to this Agreement, the Wren shall be solely responsible for securing and locking the gate upon the completion of such use. 5. The Wren shall obtain comprehensive public liability insurance covering the Wren's use of the new roadway and access driveway which coverage shall be in the amount of one million dollars (1,000,000) for each incident giving rise to a claim -for bodily injury or property damage. The Town shall be named as an additional insured as its interest may appear on such policy and a copy of the policy or certificate of insurance shall be furnished by the Wren to the Town. -2- 6. The Wren hereby agrees to indemnify and hold the Town harmless from and against all liabilities, judgments, costs (including attorney fees), damages, suits, claims and actions of any kind in nature by reason of its use of either the roadway described in Exhibit C or the access driveways described in Exhibit D hereof. 7. The Town shall be responsible for the maintenance and repair of the roadway described in Exhibit C hereof. It is understood, however, that the Town will not keep the roadway clear of ice or snow during the winter months. Should the Wren wish to clear said roadway of ice and snow in order to facilitate their use thereof during the winter, it may; at its sole expense, plow the road (after giving the Town Public Works Director notice of such plowing). The Wren will be responsible for any damage to the roadway by such plowing. The Wren shall be solely responsible at all times for the maintenance and repair of the access driveway. 8. Should the Town be required to temporarily deny access to the new roadway or the access driveway due to repair, resurfacing or maintenance, the Town shall give the Wren advance notice of such closure not less than five (5) days in advance. In the event of an emergency.which requires immediate closure of the road, the Town shall give the Wren whatever notice is reasonable under the circumstances or no notice if the giving of any notice is not possible under the circumstances. 9. This License Agreement shall commence on January 1987 and shall terminate on January 1988. It is the understanding of the parties that this Agreement may be renewed in writing on the mutual agreement of the parties, upon the same terms and conditions, or as may be otherwise agreed to by the parties. Either party may terminate this Agreement by giving the other party ninety (90) days prior written notice of such termination; provided, however, that should the Town give such notice of termination to the Wren, the Wren may request, in writing, that the parties meet and attempt to resolve the problems giving rise to the termination. This written request shall be given to the Town no later than five (5) days after the notice of termination is received by the Wren. The parties -3- 3 shall meet within ten (10) days of the time the request is received by the Town. Should the problems not be resolved at the meeting, the termination shall take effect as set forth in the Town's notice. 10. The execution of this Agreement in no way abrogates, alters, or releases any claims or defenses which either party may assert against the other party in regard to the use of the roadway and access roads as set forth herein; provided, however, the Wren agrees not to bring any legal action claiming an easement over the roadway described in Exhibit C hereof so long as this Agreement is in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first set forth above. TOWN OF VAIL WREN ASSOCIATION By: By: Rondall v. Phillips Alan Woods -y~ Town Manager President 0650A -4- i EXHIBIT A Tne wren Condominiums, 5UU South Frontage Road, Vail, Colorado 81657, and described as follows: That part of the NE 1/4 of Section 8, Township 5 South, Range 80 vest of the 6th P.M., described as follows: Commencing at the Northwest corner of the NE 1/4 of said Section 6: thence South 00 degrees 01'06" East and along the West line of said NE 1/4 563.82 feet to a point of intersection with the Southerly right of way of Interstate Highway 70 and the True Point of Beginning; thence continuing along the aforesaid course 347.62 feet; thence North 89 degrees 56154" East 189.81 feet; thence Nortn 00 degrees 01106" West and along a line parallel with the West line of said NE 1/4 284.59 feet to a point of intersection with said Southerly right of-way; thence North 71 degrees 38'54" West and along said Southerly right of Way 200.00 feet to the True Point of Beginning, County of Eagle, State of Colorado, subject to any tax, assessment, fees or charges by reason of the inclusion of the subject property in Vail General Improvement District, Vail Water and Sanitation District, Vail Fire Protection District and Vail Metropolitan Recreation District. 0037F R. r E. x r 1 ~ . r 1Z ~ 1 r r 1 J , • , Y. /AIT i IN I _ r _ r EXHIBIT B To WN OF FAIL ~ \~x.NiBiTS,Q° ROPERT y 1 ~o.9Q )6 OIL-00 cy- ~I;~h~~, 1c^~F+'~'1""g1 f"ifw... fiNr{t~ !1>{"~~R sl ~iw tl e ! O r,.. ` O + I .Yiti~'S Ig > t 1 v rn' 3H t v b k t' u V ZS'r `R v'i 11 1, v I ""141' H ~ V 1 L! I ,y ~ 1 b h As M1M:~ ~ S, .R 1 ~'1 r 1 R'''•'i t 't ~ '~+'F ~ '!*m f t A~'1'~., r°~'',~'kfLl'+8^mx0 r v ri I ~b pSN$ „F I t ! ~ /y b°i1{~'t h v t~ ,i,,, #'H r r rn ! 1. rt,. r!l!1 '®r" h d N ) 7' t '~.kl4 ' 1 Z a 'ry}>3.t / t. rv'. :n +;lys Q ww t"ofi d ~Vy .l't.- ,RI+Jh n r a e r a `K M-rkR .~Yp',y!v"~~.r'r'V I h ,n+i j'wt1,hErvl.~i• d $~,n rNtr, TIM rF',.~!?~Waa, 'SI''~c,^t'iA A.~$1 °r,ry ~.}.,i I i-stta Y iv~•r l,w~a ~5,fi ma`rr rr +f""akr - c 1 4°i'?' v err{„ 'T 'F Il S ry. #!'hQ ATE 'viW~ '~~xrlr'v~. V i dyers fY ! ! V. r~,1:,,r, •-r^ r;c+s+sJw !.k r'{^4,^; ix tJnw~- J ~1 r 1 ~J i ~!»},g ~y t~ i".6 0 4 P„y~i~ `r<v" I u 6 ~ / i ~ }FIVE o 5 I i I - - ' 06 I SPL/T RA/L . _ x Ili FE~~c oz ~ ~ I I ~ I I RIP 42 \ III N ~a\ NJ 01.50 x 10 Aw~ 0 3 ~ X 0 \ '~•Y:.; RO/i(~WIgY (Nay ScK} X AccESs ~~~vctVAY~?~orlto 5cj~L-5) ORDINANCE NO. 8 Series of 1987 AN ORDINANCE AMENDING CHAPTER 3.48 LAND TRANSFER TAX OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE THAT THE MONEY IN THE LAND TRANSFER TAX FUND MAY BE USED FOR IMPROVING AS WELL AS ACQUIRING REAL PROPERTY FOR PARKS, RECREATION, OPEN SPACE AND/OR SIMILAR PURPOSES; SETTING FORTH CERTAIN RESTRICTIONS ON THE USE OF SAID FUND FOR IMPROVING REAL PROPERTY AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Land Transfer Tax Ordinance presently provides that the funds received by the Town pursuant to the tax shall be subject to appropriation for acquiring real property for parks, recreation, open space and/or similar purposes; and WHEREAS, the Town Council has received input from the general public that it makes sense to use the Transfer Tax not only for the acquisition of open space, recreation and park land, but also for the improvement of such land; and WHEREAS, the Town Council believes that such an amendment would benefit the welfare of the community. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: Section 1. Section 3.48.040 Amount Payable, subparagraph B, is hereby amended to read as follows: "Where the consideration shall exceed five hundred dollars ($500), the Land Transfer Tax payable shall be one (1) percent of the consideration, the proceeds of which tax shall be earmarked for acquisition AND IMPROVEMENT of real property including paying incidental costs and the principle of and interest on any borrowing for the acquisition, such property to be located either within or without the limits of the Town." Section 2. Section 3.48.090 Land Transfer Tax Fund is hereby repealed and reenacted with amendments to read as follows: "A. All funds received by the Town pursuant to this Chapter shall be deposited in the Land Transfer Tax Fund, which fund is hereby created. The fund shall be subject to appropriation only for the following purposes: acquiring and improving real property, for parks, recreation, open space and/or similar purposes, including paying incidental costs and the principle of and interest on any borrowing for the acquisition. B. Should the Real Estate Transfer Tax Fund be used for the construction of any building which has a total cost in excess of five hundred thousand dollars ($500,000), then the cost of such excess may not be financed, but must be paid for in its entirety with cash on hand in the Real Estate Transfer Tax Fund. Nothing in this paragraph shall be deemed to limit in any way the ability to use the Real Estate Transfer Tax Fund to finance the acquisition of land or the construction of improvements other than buildings. The five hundred thousand dollar ($500,000) limitation set forth herein shall increase proportionately each year as the U.S. Department of Labor Consumer Price Index (U.S. City Average for all Urban Consumers, Bureau of Labor Statistics, Denver) increases from the previous year's index. C. For the purposes of this Chapter, building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of persons, animals, or property." Section 3. If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that -any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. -2- INTRODUCED, READ AND APPROVED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3-